Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 8, 2014
The Firm
201-896-4100 info@sh-law.comThe Obama Administration recently proposed new rules that strive to keep the Affordable Care Act’s (ACA) birth control mandate in place while seeking to comply with the rationale of the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc.

The ACA requires employers with more than 50 employees to provide health insurance coverage for the 20 contraceptive methods approved by the Food and Drug Administration, which include four that prevent an already fertilized egg from developing further by inhibiting attachment to the uterus. Under existing regulations, accommodations are available for certain eligible organizations, including religious non-profit organizations.
In its controversial Hobby Lobby decision, the Supreme Court held that the failure to provide a similar exemption for “closely-held corporations” owned by a few shareholders whose religious beliefs were aligned and who object to providing contraception coverage on religious grounds violated the Religious Freedom Restoration Act of 1993 (RFRA). The question flowing from the decision is: how do you define a “closely held” corporation? The Department of Health and Human Services’ proposed rules attempt to answer that question.
As highlighted in a government fact sheet on the Centers for Medicare & Medicaid Services website, the proposed rules offer two alternative approaches for defining a closely-held corporation for the purposes of the ACA. In either case the business entity cannot be publicly traded. The difference in the approaches is that, under one, the ownership of the entity would be limited to a certain number of owners; while under the other, a minimum percentage of ownership would be concentrated among a certain number of owners. The proposal seeks input from the public on the specific thresholds that should be established under either approach.
Under the proposed rules, qualifying closely-held corporations could formalize their religious objections to the mandate via a valid corporate action taken in accordance with the entity’s governing structure, as well as state law, that memorializes its owners’ religious objection. Once the federal government is placed on notice, it would begin the process of providing the contraception services to impacted workers.
The federal government is accepting comments on the proposed rules until October 21, 2014. We will be closely tracking their status and will provide updates as they become available.
If you are a New Jersey resident you may be interested in finding out how the Hobby Lobby may be affecting your health care system. Check out my previous post How Will Hobby Lobby Decision Impact New Jersey Businesses?
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Author: George McGowan

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!